Legal Question in Family Law in Georgia
13 soon to be 14 yr old
Son is 13 almost 14, I allowed him to move in with his noncustodial mother as it was his request. I have not changed over custody to her, I am still sole legal and physical guardian per the court order. She has zero visitation per same order. 1-what are the legalities i would have to face should he get into trouble (already using drugs and drinking) 2 - he is already enrolled in a diff school - how can she sign him up for school without my consent? 3- is there a time frame to consider that she could approach a judge and get custody of son because he has been in her custody for xxx amount of months/weeks?
2 Answers from Attorneys
Re: 13 soon to be 14 yr old
First, many people have mistaken impression that the child can unilaterally make this decision at age 14. Not so. The court will listen to the child but is not bound by his elecion if he feels the move is not in the best interest of the child.
1. You should get him back; since you have court-ordered custody, it is possible that you could be viewed as not a good parent for letting him go into an atmosphere where he has problems.
2. Don't know.
3. The longer he is there, the stronger her position is.
If you would like to call me to discuss, please free to do so.
Re: 13 soon to be 14 yr old
Without all the specifics, there is no way to fully answer you, but bear in mind that the longer a child is with a parent, the easier it is for them to win custody. The fact that you allowed the child to go there is likely going to affect a case.
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